1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit shall be borne by the Plaintiff.

1. As to this part of the basic facts, the corresponding part of the grounds for the judgment of the first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. We examine ex officio the lawfulness of the instant lawsuit.

A. There is no legal interest in seeking cancellation of provisional registration in a case where provisional registration is cancelled on the ground of successful bid while a lawsuit seeking the implementation of the procedure for cancellation registration of provisional registration to determine whether the main part of the lawsuit in the instant case is legitimate

(2) In light of the above legal principles, the Plaintiff’s primary claim for the cancellation of part of the above provisional registration among the Plaintiff’s lawsuit of this case is unlawful as there is no legal interest to seek the cancellation of provisional registration, as there is no further benefit to seek the cancellation of provisional registration, in view of the following: (a) according to the overall purport of the entry and pleading as to the instant real estate upon the Defendant’s motion for voluntary auction as a person holding the right to provisional registration, the auction procedure of real estate was commenced; (b) the instant real estate was sold to the Defendant on July 10, 2017; and (c) the instant provisional registration was cancelled as a cause of sale due to the said voluntary auction on the same day.

B. In the instant lawsuit seeking confirmation as to the legitimacy of the conjunctive claim part among the instant lawsuit, the subject of confirmation is the current rights or legal relations. Therefore, barring any special circumstance, it is not recognized that the previous rights or legal relations exist.

(see Supreme Court Decision 2012Da17585, Aug. 23, 2013). Meanwhile, a lawsuit seeking confirmation does not necessarily have the legal relationship between the parties to the lawsuit, but may be subject to the legal relationship between one of the parties to the lawsuit and a third party or between the third parties. However, the confirmation of such legal relationship is likely to present the rights or legal status of the claimant according to such legal relationship.